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Archive for the ‘Long Island Foreclosure Firm’ Category




Foreclosure of a Different Kind

Thursday, February 5th, 2009

 

 

In Long Island, foreclosures are on the rise.  In fact, both Nassau and nearby Suffolk counties have some of the highest foreclosure rates in the entire state.  The alarming number of for sale signs and vacant homes evidences this.  For many local families, this means that they have had to “downgrade” to a less expensive home, renting an apartment, staying with friends or relatives, or receiving some type of government assistance.  While experiencing a foreclosure can be tough, there should be a relief in that there is a lot of help available for American families and individuals who need it.  Even for those who lose their home and have very little or no resources, there are always shelters available, food programs, and many types of free assistance.  In fact, we should be thankful that we live in such a country.  In other places in the world, families have no options at all. 

 

There are foreclosures, so to speak, in Gaza.  But it doesn’t occur after you’ve spent a year or two in a home rent-free while a bank slowly works to evict you.  It’s not when you simply decide a house is too much for you financially and you volunteer to give the keys back to the bank.  In Gaza, a foreclosure occurs when a bomb falls from the sky and obliterates everything you own.  In Gaza, a “foreclosure” often kills entire families.  Communities, relationships, and careers are destroyed all at once.  There is no recourse; there is no legal process or attorneys that get involved to help.  There is no leniency, and there are certainly no banking officials willing to lend assistance after listening to a sad story of economic loss.  In Gaza, a “foreclosure” means that, if you survive, you simply walk away from the rubble and start over with nothing.  You pray that your family, friends, and neighbors were not killed or maimed.  You pray that there will be food to eat, water to drink, and somewhere that you can go.  Desert nights drop down to freezing even in the summer, and those who are displaced often die of exposure.  What’s worse is that sometimes these people die from the desperate acts of others in similar situations.

 

So Americans should take heart.  A foreclosure is not the end of the world.  In fact, it can often be a fresh start- a way to climb out from under a financial burden that many find to be nearly insurmountable.  In the United States, a foreclosure doesn’t kill anyone.  It doesn’t rob you of life and possessions.  It won’t even put you on the street.  There are always options.  So if you are experiencing a foreclosure, you should feel relieved that nothing truly bad or harmful is going to happen to you.  Your loved ones will be safe, your job will likely be unaffected, and you’ll have somewhere warm to go.  Although it is certainly a difficult process to be foreclosed upon, we should give our thanks that we live in such a place where we can easily start our climb to the top again.  Because for other people around the world, this is simply not the case.  Remember this, and it will help you to keep things in perspective.      

 

Prevent & Stop Long Island Foreclosure

Wednesday, February 4th, 2009

 

How Can I Prevent or Stop Foreclosure?

Foreclosure. The word alone conjures up ideations of dread and embarrassment. In this current financial crisis, however, it seems that there are none who are impervious to this unnerving new trend. In New York, for example, there was a reported 27.4% increase in Nassau County foreclosure filings just from the second quarter to the third, according to RealtyTrac, a foreclosed properties marketer. As a result of this, there are now a great many homes on Long Island that lay vacant, slowly slipping into various states of disrepair. Ten years ago the thought of vast numbers of foreclosures in one of America’s most desirable areas would have been considered nonsense. Nevertheless, Nassau County residents are no different in that they are feeling the strain of a national housing market gone haywire.

 

What is it that is causing all of these foreclosures, anyway? Well, the press has been fairly consistent and accurate in reporting that increases in Adjustable Rate Mortgages (ARM’s) and defaults on subprime home loans (which are already risky anyway) led to the current deluge of foreclosures. But if you dig deeper into the issue, you will see another major problem: homeowners were simply walking away from their property.

 

The real trouble started when the unprecedented housing boom began to collapse inward. Homes lost value so quickly that thousands of owners were left with a mortgage that was much greater than what the home was actually worth. For many, the solution has been foreclosure. However, there are a number of options available to homeowners who are facing a possible foreclosure. As with any situation of this magnitude, consulting with an expert such as a foreclosure attorney will provide you with valuable professional insight. If you find yourself in danger of foreclosure, consider the following:

 

In July of this year, President Bush signed into law the Hope for Homeowners Act. Under this act, homeowners can petition the federal government to buy their mortgage from their original lender with far more favorable terms. Likewise, a homeowner can refinance their current mortgage if they have sufficient equity, and possibly obtain a lower rate and payment. Other debts can be paid off when refinancing, so balances at high rates of interest like credit cards can be converted into the low-rate refinance. While either of these options can serve to enable a homeowner to avoid foreclosure, the fact remains that if the homeowner still cannot afford the monthly payment, then they are financially doomed unless they seek assistance and act quickly- there are still options available for even the most difficult financial situations.

 

In a case where the minimum monthly payment cannot be met, and the mortgage cannot be refinanced, selling the home may be a good option, especially if it can be sold at a profit. However, if a sale is not possible or even likely, a homeowner can offer a Deed in Lieu of Foreclosure. This is where the owner “sells” the home back to the lender. Any difference between what the mortgage is worth and what the home is sold for is forgiven by the lender. As an example, if the mortgage carries a balance of $100,000, but the home is only valued at or sold for $80,000, then the bank will forgive the $20,000 dollar difference. Because there are special rules to a Deed in Lieu of Foreclosure- such as the possibility that the forgiven balance may be considered taxable income- it is crucial to seek the advice of an experienced foreclosure attorney. Lenders agree to Deeds in Lieu of Foreclosure regularly, as this is a way to be rid of particularly risky loans that will cost more to collect on than to simply take as a small loss, comparatively speaking. But again, there are rules that must be adhered to, and you cannot possibly know them all yourself.

 

One way to buy time against a looming foreclosure is to ask for a forbearance or grace period on payment. When a homeowner is honest with a creditor, and advises them of financial difficulties, the lender is very likely to make concessions. Contrary to popular belief, it is in the best interest of the lender that your home not go into foreclosure. Mortgage companies grant payment “holidays”, forbearances, extended grace periods, and adjustments to existing mortgages to better enable a homeowner to avoid foreclosure. They do this constantly, so use it to your advantage.

 

Many people do not know that there may be public assistance available. Churches, State and Federal programs, charity organizations, and other forms of public assistance may help with anything from actually paying the mortgage payment to arranging for an attorney.

The final and most effective way to prevent a foreclosure is to file for bankruptcy protection. With many bankruptcies, the homeowner will retain their property and be allowed to begin anew, financially speaking. This is a very serious step, and one not to be considered lightly. Seek the professional advice of a bankruptcy attorney.

Seniors Citizens and Foreclosure: The Promise of a Reverse Mortgage

Saturday, January 31st, 2009
 

 

Foreclosure is a scary thought to many senior citizens.  Often, our elders have built their homes with their own hands, or spent thirty or forty years paying on them diligently.  They are reluctant to leave, reluctant to sell, and reluctant to burden their families.  As a senior citizen, this is especially frightening considering they do not have the time a younger person does to recover from something as unfortunate as a foreclosure.  In fact, many seniors exacerbate their situation by remaining silent about it.  They don’t want to tell people that they are in trouble.  They often refuse to speak to financial advisors, foreclosure attorneys, or credit counseling services.  This is evidenced resoundingly by the number of experienced foreclosure attorneys in Long Island accustomed to discovering that seniors often have unexplored options available to them.  Seniors are proud, and they should be.  They have maintained themselves on their own their whole life, and even had others rely on them for support, so why should they now reveal what might seem to be weakness?

 

As a senior citizen’s financial situation spirals downward, at some point they will likely be approached by someone offering them a reverse mortgage.  Many people are not even aware of what this is, or if they are, they have gross misconceptions about it.  However, the fact remains that a reverse mortgage is often then best way to alleviate financial distress and the threat of a foreclosure.  In very simple terms, a reverse mortgage is where a bank pays you to live in your home.  If you are 62 years old or older and have enough equity in your home, the equity can be used to pay-off the remaining balance, and provide you with a steady stream of income as long as you own your home.  In fact, you do not need good credit or even a source of income in order to qualify for one of these loans.    

 

For example, let’s imagine Shelly, a 70 year old who owns a beautiful home valued at $300,000.  Shelly owes $50,000 on her mortgage, but is struggling to pay it because of mounting healthcare expenses.  With a reverse mortgage, the bank “loans” her the amount of equity built up in the house.  In this case, the bank would pay-off the $50,000, and then start making payments to Shelly every month based on the remaining equity.  Shelly will be entitled to this guaranteed income each month as long as she lives in her home.  The bank will not own the home.  Upon Shelly’s eventual passing, the family will be allowed the opportunity to pay the bank the amount the bank paid to Shelly over her lifetime, and the family could then keep the home.  Conversely, the bank could sell the home, repay itself, and give the difference to the family.  If the home continues to increase in value and eventually builds excess equity again, the family will be given a variety of options. 

 

These rules and regulations are different from state to state, and vary by lender.  For this reason, it is wise to consult with an expert prior to making this decision.  The point, however, is that a great deal of the myths surrounding reverse mortgages are exactly that- myths.  Reverse mortgages were created and sanctioned by the federal government as a way to assist our grandparents and other elders.  It is safe, reliable, and can be used whether you are in financial distress or not.             

 

 
The Law Offices of Ronald. D. Weiss, P.C.

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